Comments on: Lawsuit Reveals How a Middleman is Blocking Mortgage Modifications for Homeowners

By: Dave

Dave — Wed, 30 Nov 2011 04:11:00 +0000

One West Bank, Fannie Mae and MERS Defendants v Brown Motion to Dismiss DENIED.
First Circuit Court State of Hawaii Honorable Judge Bert I. Ayabe sees the validity of our complaint Civil no. 11-1-0941-05.
Perhaps my being in compliance and current on my modification with One West Bank and the concurrent sale of my mortgage to Fannie Mae for $10 in Texas didn’t sit right with the judge. It doesn’t pass the smell test. My attorney Dubin Law / Frederick Arensmeyer successfully argued (1) Breach of contract, (2) cancellation under the Federal-Truth-in Lending Act (TILA) (3) unfair and deceptive acts and practices and (4) quiet title for wrongful foreclosure, to the judges satisfaction to allow our lawsuit to continue. No small feat when you are up against these huge government backed institutions.
This judge shows the courage, insight and compassion to allow David to face Goliath. So many have been denied their 5th amendment rights being stripped of their property never to have their day in court.
I wonder if the judge had seen this video with regard to the obscene deal One West struck with the FDIC. Some of the details are explained very well in this short video:

http://youtu.be/UlEZDDwKv7o

This deal is worthy of a Congressional Hearing.

http://youtu.be/UlEZDDwKv7o

“I have never seen a fraud scheme that was so extensive, so pervasive, and had so many different areas of fraud throughout the machine. I have yet to see a single aspect of the banking industry that does not have fraud in it,” said Nevada Deputy Attorney General John Kelleher.
ONEWEST BANK, F.S.B. V DRAYTON – BROOKLYN JUDGE ARTHUR SCHACK IS A LOCAL HERO, DECISION CASTS LIGHT ON FRAUDULENT MORTGAGE PAPERWORK
The self-described “little judge from Brooklyn” has dismissed another foreclosure case, this time in favor of an East New York homeowner who did not even have a lawyer.
Schack ruled Thursday that California’s OneWest, the last of several banks that relied on an admitted “robo-signer” to transfer the $492,000 mortgage on Covan Drayton’s Hemlock St. home among them, failed to prove it even owns the property in question.
https://4closurefraud.org/2010/10/27/onewest-bank-f-s-b-v-drayton-brooklyn-judge-arthur-schack-is-a-local-hero-decision-casts-light-on-fraudulent-mortgage-paperwork/

Judge Slams Indymac, Sets Aside Defendant’s $292,500 Mortgage

Judge Jeffrey Spinner said that it became clear to the court at a September 2009 settlement conference — one that had been postponed five times due to Indymac’s failure to “cooperate” — that Indymac “had no good faith intention whatsoever of resolving this matter in any manner other than complete and forcible devolution of title…”

Fletcher v One West Bank Case 1:10-cv-04682
In the United States District Court for the Northern districtof Illinios
Pg. 8 line 24
24. IndyMac has routinely failed to live up to its end of the TPP Agreement and offer
permanent modifications to homeowners. In February 2010, the U.S. Treasury reported that
IndyMac’s parent company had 112,200 HAMP-eligible loans in its portfolio. Of these loans, just
3,087 were granted permanent modifications (approximately 2.75%) even though many more
homeowners, including Plaintiff, had made the payments and submitted the documentation
required by the TPP Agreement.
25. By failing to live up to its obligation under the TPP Agreement, IndyMac is leaving
homeowners in a complete state of confusion regarding the status of their homes and is preventing
homeowners from pursuing other avenues of resolution, including using the money they are
putting towards TPP payments to fund bankruptcy plans, relocation costs, short sales or other

5
The eligibility criteria for HAMP, as well as the formula used to calculate monthly mortgage
payments under the modification, are explained in detail in SD 09-01. Generally speaking, the
goal of a HAMP modification is for owner-occupants to receive a modification of a first-lien
loan by which the monthly mortgage payment is reduced to 31 % of their monthly income for the
next five years.
http://www.abbeyspanier.com/images/Complaints/indymac-complaint.pdf

IndyMac/OneWest Bank Denied Bid to End HAMP Class Action Lawsuit
Memorandum opinion and order:
http://blog.abbeyspanier.com/2011/07/21/indymaconewest-bank-denied-bid-to-end-hamp-class-action-lawsuit/
Click end of second paragraph in red

By: Mary

Mary — Fri, 01 Apr 2011 12:12:17 +0000

IMPORTANT QUESTION NO ONE HAS ADDRESSED YET:

WHY IS THE MONEY YOU ARE PAYING NOT GETTING TO THE INVESTORS?

I KNOW, DO YOU?

PARTIAL PAYMENTS AFTER 90 DAYS INVOKE THE ‘DEFAULT EVENT’ SILENT AGREEMENTS.

‘RECONSTITUTED SERVICING AGREEMENTS’ ‘UNASSOCIATED DOCUMENTS’ ‘MISCELLANEOOUS EXHIBITS’ WHERE EVERYONE CHANGES ROLES AND RESPONSIBLITIES AND PLACE THE ‘LOAN#’S INTO A ‘LOAN TRUST’ OR ‘CERTIFICATE’ OR ‘TRUST FUND’ OR ‘NOTHING’ AND KEEP MONEY AS MASTER SERVICER.

IT’S IN THE AGREEMENTS, THAT THE MASTER SERVICER GETS TO KEEP THE PROPERTY AND/OR CASH AS EXPENSES.

WHY CAN’T YOU FIND A GOOD FORECLOSURE DEFENSE ATTORNEY WHO WILL REVIEW THE STATE LAWS AND ISSUE A CEASE AND DESIST TO BRING THE MATTER FOR REVIEW BEFORE THE COURTS?

IF YOU HAVE NOT CHECKED WITH YOUR COUNTY CLERKS / RECORDERS, PLEASE CHECK TO SEE WHAT DOCUMENTS MAY HAVE BEEN FILED BY ROBO-MILLS AND ROBO-SIGNERS SINCE YOU TOOK OUT YOUR MORTGAGE LOAN.

By: l vent

l vent — Fri, 01 Apr 2011 02:13:06 +0000

The real reason there are no loan modifications? THE GSE Fannie/Freddie nor the servicers own the loan because of the FRAUDULENT INDUCEMENT and the ORIGINATION FRAUD which was the cover up they used to hide their GOVERNMENT SPONSORED involvement. They would be committing more fraud by giving a homeowner a fraudulently induced loan mod.
Fannie/Freddie are investors in the fraud which makes our loans UNCONSTITUTIONAL and ILLEGAL. CONgress contrived the PONZI SCHEME in their backrooms because CONgress is infiltrated with UN/NEW WORLD ORDER MEMBERS who are posing as AMERICANS, they are a fraud and want to DESTROY AMERICA. CONgress also invested in this fraud. THE GSE FANNIE/FREDDIE were the ORIGINATORS/INVESTORS in the fraud, THE BIGGEST PONZI SCHEME HEIST OF THE AMERICAN PEOPLES WEALTH IN HISTORY, and they are also the FRAUDCLOSERS. They have been hiding behind the scenes and have been using perps all along like BANKSTERS, MORTGAGE SERVICERS, TITLE INSURERS, CRIMINAL ATTORNEY NETWORKS, FRAUDCLOSURE MILLS, to hide behind and COVER-UP THEIR GOVERNMENT SPONSORED FRAUD and TERRORISM.
RESCIND OUR LOANS, THEY ARE UNCONSTITUTIONAL. THESE LOANS NEVER EXISTED BECA– USE OF THE ORIGINATION FRAUD THAT WAS — USED TO HIDE THE GSE FANNIE/FREDDIE’S UNCONSTITUTIONAL INVESTMENT IN OUR LOANS AS WELL AS THE JUDGES, POLICEMAN, AND FIREMAN’S PENSION FUNDS THEY SOLD THE FRAUDULENT MBS’s to. THIS HAS CREATED AN UNCONSTITUTIONAL CONFLICT OF INTEREST.
RESCIND OUR LOANS!!! GIVE THE STOLEN HOMES BACK TO THE PEOPLE AND THE STOLEN MONEY. THE JIG IS UP. THE AMERICAN PEOPLE KNOW THE TRUTH!
WE WERE SET UP TO FAIL. DEFRAUDED, AND THEN WE WERE ROBBED BY THE GSE, FANNIE/FREDDIE WHO ALSO INVESTED IN THE FRAUD. This does not even include the WALL STREET DERIVATIVES FRAUD or THE FEDS QE1&2. or the MASSIVE TARP BAILOUT FRAUD or the many,many other INUMERABLE frauds they used to deceptively cover their asses. The JIG IS UP. .

By: foreclosed on by One West Bank

foreclosed on by One West Bank — Thu, 31 Mar 2011 22:45:25 +0000

OK-

I have googled every way I could think of and the only suit with Onewest Bank FSB vs HSBC was on 6-22-2010, NY Southern District Court, Judge Denise Cote. The issue was the Economic Stabilization Act.

I also checked scribed, nothing is notated for this suit.

The only thing that comes up under searches is the above article on various sites.

Could the author of this article let us know where we can find the contents of this suit?

Generally, I take the articles up on 4closurefraud as reliable. Does the moderator check into the facts stated or where the information is cited? I am very interested in learning more about this lawsuit and if, it is in fact, as the author eludes to.

By: foreclosed on by OneWest Bank

foreclosed on by OneWest Bank — Thu, 31 Mar 2011 21:35:22 +0000

This article is very confusing.

I believe I know Pamela and she was working on a class action lawsuit against OneWest.

Am I to glean from this article that OneWest services loans for some other bank, in addition to its own investors?

OneWest is not publicly owned. It was formed by a group of 7 investors: George Soros, Michael Dell and others. You can find this information on the FDIC website. I would be VERY surprised if these are the investors that encourage mods. They got a sweetheart deal from the FDIC where they get a large % of their losses. Again go to the FDIC website. This has been on many blogs before

As far as I have seen Deustch services loans for OneWest, not the other way around as indicated above.

I was foreclosed on and never missed a payment. I, too, had the miss a payment to qualify conversations with OWB. I paid every “reduced” payment on time. They insisted the investors wanted me to apply for HAMP, which we didn’t want, nor could qualify for. The rep would not process the called in payment unless we applied for HAMP. We did. She never processed the payment and 3 months later they foreclosed. Interesting enough, no one could identify the missed payment, and told us we must be in foreclosure for SOME reason. It was a nightmare. I am not going to sue for wrongful foreclosure.

I will check into the HSBC suit. This may apply to only a very small % of OWB loans.

What are the qualifications of the person writing this article? It has many gaps and seems to favor OWB over the homeowner, unlike any articles regarding OWB I have previously read.

By: kym

kym — Thu, 31 Mar 2011 19:18:23 +0000

Finally someone that has been doing the same thing I’ve been doing for almost 3 years. Hey Jeter don’t feel alone on this mary go round. You can get on but cant get off. Nov 2008 Country Wide Mortgage went out of business and Bank of America bought all there mortgages. That was when I had to apply for a mod loan due to health problems. I’ve had to reapply ever 3 months and continued to resend the same paperwork with it. Dec 2010 the Hamp program disapproved me due to many payments behind, now I’m i my 2nd review with an in house program to get me a mod loan. Ok now I’m just pissed off so I to have hired a lawyer to see what my options are. I also found that Bank of America never filed a Assignment of Mortgage when they took over my mortgage which basically means they don’t have authorization to even offer me a mod loan. We’ll see happens, love to keep in touch to see what happers to Jeter.

By: Mary

Mary — Thu, 31 Mar 2011 18:57:55 +0000

Note: SERVICER “IndyMac” is One-West

Servicer OneWest taken HSBC to court in order to allow modifications suit filed in June of last year
OneWest is also pushing to forelose on her.

Loan pool with nine other loan pools, the contracts laying out the servicers’ responsibilities and powers contradict each other.

OneWest’s lawsuit seeks to sort out that contradiction.

One document, a private contract between the servicer and the Wall Street bank that bundled the loans, explicitly forbids servicers from modifying loans in the pools in a way that would reduce homeowner payments.
But other contracts — that investors could see — explicitly allow such modifications.

Question did Geither and President Barak Obama know about these contradicting agreements?”Home Affordable Modification Program (HAMP) which pays servicers and investors subsidies to encourage affordable modifications knew about these agreements?”Under the program, modifications occur only when they will likely bring a better return to investors than foreclosure.

HSBC “TRUSTEE” refuses to authorize any modifications, saying the contracts prohibit them.
It’s obligated to act in investors’ interest, and it feared getting sued by those who didn’t want to cut homeowners’ payments.

HSBC IS TRUSTEE OF?
‘ORIGINATION DISCOUNTED LOANS SOLD USING DIFFERENT SALES AGREEMENTS (DIFFERENT LOAN#’S)

SO WHAT IS HSBC A TRUSTEE OF?

THE ‘RECONSTITUTED SERVICING AGREEMENT? Default Event loan#’s the Servicing loan#’s
OR the actual POOLING & SERVICING AGREEMENT which contains the loan#’s of the INVESTOR?

The party trying to seize her home is doing so in the name of?
Trustee?

Why can’t an emergency motion bring forth the fact that the actual owner of the debt has not produced the authenticated documents proving they are the owner of the debt casting shadows for the SERVICER and/or SUBSTITUTE TRUSTEE is or is not the lawful party owed the debt has not been resolved?

By: Constant Diligence

Constant Diligence — Thu, 31 Mar 2011 18:33:25 +0000

This is why it is so important to Lawyer up and begin your defense ASAP… Our financial Freedom under the Tyranny of Evil Men who would do anything under the blanket of the system for the system, including selling America piece by piece …which does include the family Home. Stay educated and defend yourself America!

http://diligencegroupllc.net/

American Middle-class Homeowner

–AMH